Appeal No. 2006-2584
Application No. 09/797,754
Accordingly, since we find the combination of Fish and Spencer to be
improper, we will not sustain the rejection of independent claim 27 under
35 U.S.C. §103. Since we have not sustained the rejection of any of the
independent claims under either 35 U.S.C. §102 (b) or 35 U.S.C. §103, we will
not sustain the rejection of any claim under these statutory sections.
The examiner’s decision rejecting claims 1, 3-20, 25, 26, and 28-35 under
35 U.S.C. §102(b) and claims 1-35 under 35 U.S.C. §103 is reversed.
REVERSED
)
ERROL A. KRASS )
Administrative Patent Judge )
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) BOARD OF PATENT
LANCE LEONARD BARRY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
MAHSHID D. SAADAT )
Administrative Patent Judge )
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